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PAG LIN 1 1 Section 1. NEW SECTION. 321.218A CIVIL PENALTY &endash; 1 2 DISPOSITION &endash; REINSTATEMENT. 1 3 When the department receives a record of a person's 1 4 conviction for a violation of section 321.218, the department 1 5 shall assess the person a civil penalty of two hundred 1 6 dollars. The money collected by the department under this 1 7 section shall be transmitted to the treasurer of state who 1 8 shall deposit one-half of the money in the separate fund 1 9 established in section 912.14 and one-half of the money shall 1 10 be deposited in the general fund of the state. A temporary 1 11 restricted license shall not be issued or a motor vehicle 1 12 license or nonresident operating privilege reinstated until 1 13 the civil penalty has been paid. 1 14 Sec. 2. NEW SECTION. 321.561A CIVIL PENALTY &endash; 1 15 DISPOSITION &endash; REINSTATEMENT. 1 16 When the department receives a record of a person's 1 17 conviction for a violation of section 321.561, the department 1 18 shall assess the person a civil penalty of two hundred 1 19 dollars. The money collected by the department under this 1 20 section shall be transmitted to the treasurer of state who 1 21 shall deposit one-half of the money in the separate fund 1 22 established in section 912.14 and one-half of the money shall 1 23 be deposited in the general fund of the state. A temporary 1 24 restricted license shall not be issued or a motor vehicle 1 25 license or nonresident operating privilege reinstated until 1 26 the civil penalty has been paid. 1 27 Sec. 3. NEW SECTION. 321A.32A CIVIL PENALTY &endash; 1 28 DISPOSITION &endash; REINSTATEMENT. 1 29 When the department receives a record of a person's 1 30 conviction for a violation of section 321A.32, paragraph 1, 1 31 the department shall assess the person a civil penalty of two 1 32 hundred dollars. The money collected by the department under 1 33 this section shall be transmitted to the treasurer of state 1 34 who shall deposit one-half of the money in the separate fund 1 35 established in section 912.14 and one-half of the money shall 2 1 be deposited in the general fund of the state. A temporary 2 2 restricted license shall not be issued or a motor vehicle 2 3 license or nonresident operating privilege reinstated until 2 4 the civil penalty has been paid. 2 5 Sec. 4. Section 331.302, subsection 2, Code 1995, is 2 6 amended to read as follows: 2 7 2. A county shall not provide a penalty in excess of a one 2 8 hundred dollar fine or in excess of thirty days imprisonment 2 9 for the violation of an ordinance. The criminal penalty 2 10 surcharge required by section 911.2 and the prison and jail 2 11 surcharge required by section 911A.2 shall be added to a 2 12 county fine and is not a part of the county's penalty. 2 13 Sec. 5. NEW SECTION. 331.430A COUNTY SECURITY FUND. 2 14 1. A county security fund may be established in each 2 15 county. The fund shall consist of receipts of county security 2 16 fees taxed and collected by the clerk of the district court 2 17 and paid to the county treasurer. The fund shall be 2 18 administered by the county sheriff to provide for the 2 19 salaries, benefits, equipment, and training of security staff 2 20 and for the purchase and maintenance of security equipment for 2 21 the county facilities, including the reimbursement of 2 22 security-related expenditures for county facilities incurred 2 23 prior to the effective date of this Act. Expenditures from 2 24 the fund are subject to approval of the board of supervisors. 2 25 2. Moneys in the county security fund shall be used for 2 26 security-related expenditures including, but not limited to, 2 27 the purchase and maintenance of x-ray machines and conveying 2 28 systems; handheld metal detectors; walk-through metal 2 29 detectors; identification cards and systems; electronic 2 30 locking and surveillance equipment; salaries, benefits, 2 31 uniforms, firearms, training, and other necessary equipment 2 32 for the performance of duties for deputy sheriffs or private 2 33 security staff assigned to provide security at county 2 34 facilities; signage; evidence security and inventory systems; 2 35 security hardware and equipment necessary or commonly used in 3 1 video arraignment systems; and reimbursement for security- 3 2 related expenditures incurred prior to the effective date of 3 3 this Act. 3 4 3. In each county which has established a county security 3 5 fund, the courthouse security fee shall be taxed pursuant to 3 6 sections 625.8A and 815.14 as a court cost by the clerk of the 3 7 district court to each civil action filed in the district 3 8 court and each criminal complaint, indictment, or citation if 3 9 the defendant is convicted or pleads guilty to the offense 3 10 contained in the complaint, indictment, or citation. 3 11 4. The county security fee shall not be taxed as a court 3 12 cost for a parking violation. 3 13 Sec. 6. Section 364.3, subsection 2, Code 1995, is amended 3 14 to read as follows: 3 15 2. A city shall not provide a penalty in excess of a one 3 16 hundred dollar fine or in excess of thirty days imprisonment 3 17 for the violation of an ordinance. An amount equal to ten 3 18 percent of all fines collected by cities shall be deposited in 3 19 the account established in section 602.8108. However, one 3 20 hundred percent of all fines collected by a city pursuant to 3 21 section 321.236, subsection 1, shall be retained by the city. 3 22 The criminal penalty surcharge required by section 911.2 and 3 23 the prison and jail surcharge required by section 911A.2 shall 3 24 be added to a city fine and is not a part of the city's 3 25 penalty. 3 26 Sec. 7. Section 602.8107, subsection 2, paragraph b, Code 3 27 Supplement 1995, is amended to read as follows: 3 28 b. Fines or penalties andcriminal penaltysurcharges. 3 29 Sec. 8. Section 602.8107, subsection 4, unnumbered 3 30 paragraph 2, Code Supplement 1995, is amended to read as 3 31 follows: 3 32 This subsection does not apply to amounts collected for 3 33 victim restitution, the victim compensation fund, criminal 3 34 penalty surcharge, prison and jail surcharge, or amounts 3 35 collected as a result of procedures initiated under subsection 4 1 5 or under section 421.17, subsection 25. 4 2 Sec. 9. NEW SECTION. 625.8A COUNTY SECURITY FEE. 4 3 1. In each county which has established a county security 4 4 fund, the clerk of the district court shall tax as a court 4 5 cost a fee of three dollars for each civil action filed in the 4 6 district court. Except as provided in subsection 2, the fee 4 7 shall be collected at the time that a civil action is filed. 4 8 The revenue from the fees provided for in this section shall 4 9 be deposited in the county's county security fund created in 4 10 section 331.430A. 4 11 2. In a civil action brought by the state or a political 4 12 subdivision of the state in which the state or the political 4 13 subdivision of the state is a prevailing party, the fee shall 4 14 be taxed and collected against the party which does not 4 15 prevail. A county is not liable for payment of the county 4 16 security fee. 4 17 Sec. 10. Section 805.8, subsection 1, Code Supplement 4 18 1995, is amended to read as follows: 4 19 1. APPLICATION. Except as otherwise indicated, violations 4 20 of sections of the Code specified in this section are 4 21 scheduled violations, and the scheduled fine for each of those 4 22 violations is as provided in this section, whether the 4 23 violation is of state law or of a county or city ordinance. 4 24 Thecriminal penalty surchargesurcharges required by section 4 25 911.2 and section 911A.2 shall be added to the scheduled fine. 4 26 Sec. 11. Section 805.8, subsection 11, unnumbered 4 27 paragraph 1, Code Supplement 1995, is amended to read as 4 28 follows: 4 29 For violations of section 142B.6 or 453A.2, subsection 2, 4 30 the scheduled fine is twenty-five dollars, and is a civil 4 31 penalty, and thecriminal penalty surchargesurcharges under 4 32 section 911.2 and section 911A.2 shall not be added to the 4 33 penalty, and the court costs pursuant to section 805.9, 4 34 subsection 6, shall not be imposed. If the civil penalty 4 35 assessed for a violation of section 142B.6 is not paid in a 5 1 timely manner, a citation shall be issued for the violation in 5 2 the manner provided in section 804.1. However, a person under 5 3 age eighteen shall not be detained in a secure facility for 5 4 failure to pay the civil penalty. The complainant shall not 5 5 be charged a filing fee. 5 6 Sec. 12. NEW SECTION. 815.14 COUNTY SECURITY FEE. 5 7 1. In each county which has established a county security 5 8 fund, the clerk of the district court shall tax as a court 5 9 cost the following fees, as applicable, to each criminal 5 10 complaint, indictment, or citation filed in the district 5 11 court, if the defendant is convicted or pleads guilty to the 5 12 offense contained in the complaint, indictment, or citation: 5 13 a. A fee of five dollars for each felony offense. 5 14 b. A fee of three dollars for each misdemeanor offense or 5 15 uniform citation and complaint issued pursuant to chapter 805 5 16 except as provided in paragraph "c". 5 17 c. A fee of one dollar for each uniform citation and 5 18 complaint issued pursuant to chapter 805 for which a court 5 19 appearance is not required or requested. 5 20 2. The revenue from the fees provided for in this section 5 21 shall be deposited in the county's county security fund 5 22 created in section 331.430A. The fee shall not be taxed as a 5 23 court cost for a parking violation. 5 24 Sec. 13. Section 902.9, unnumbered paragraph 2, Code 1995, 5 25 is amended to read as follows: 5 26 The criminal penalty surcharge required by section 911.2 5 27 and the prison and jail surcharge required by section 911A.2 5 28 shall be added to a fine imposed on a class "C" or class "D" 5 29 felon, as provided bythat sectionthose sections, andisare 5 30 not a part of or subject to the maximums set in this section. 5 31 Sec. 14. Section 903.1, subsection 4, Code 1995, is 5 32 amended to read as follows: 5 33 4. The criminal penalty surcharge required by section 5 34 911.2 and the prison and jail surcharge required by section 5 35 911A.2 shall be added to a fine imposed on a misdemeanant, and 6 1isare not a part of or subject to the maximums set in this 6 2 section. 6 3 Sec. 15. Section 909.8, Code 1995, is amended to read as 6 4 follows: 6 5 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TOCRIMINAL6 6PENALTY SURCHARGESURCHARGES. 6 7 The provisions of this chapter governing the payment and 6 8 collection of a fine, except section 909.3A, also apply to the 6 9 payment and collection of a criminal penalty surcharge imposed 6 10 pursuant to chapter 911 and the prison and jail surcharge 6 11 imposed pursuant to chapter 911A. 6 12 Sec. 16. Section 909.10, subsection 1, Code 1995, is 6 13 amended to read as follows: 6 14 1. As used in this section, unless the context otherwise 6 15 requires, "delinquent amounts" means a fine, court-imposed 6 16 court costs in a criminal proceeding,orcriminal surcharge 6 17 imposed pursuant to section 911.2, or prison and jail 6 18 surcharge imposed pursuant to section 911A.2, which remains 6 19 unpaid after two years from the date that the fine, court 6 20 costs, or surcharge was imposed, and which is not collected by 6 21 the county attorney pursuant to section 602.8107. However, if 6 22 the fine may be paid in installments pursuant to section 6 23 909.3, the fine is not a delinquent amount unless the 6 24 installment remains unpaid after two years from the date the 6 25 installment was due. 6 26 Sec. 17. NEW SECTION. 911A.1 PRISON AND JAIL SURCHARGE 6 27 ESTABLISHED. 6 28 A prison and jail surcharge shall be levied against certain 6 29 law violators as provided in section 911A.2. The surcharge 6 30 shall be used as provided in section 911A.3. 6 31 Sec. 18. NEW SECTION. 911A.2 SURCHARGE. 6 32 When a court imposes a fine or forfeiture for a violation 6 33 of a state law, or of a city or county ordinance except an 6 34 ordinance regulating the parking of motor vehicles, the court 6 35 shall assess an additional penalty in the form of a surcharge 7 1 equal to ten dollars. In the event of multiple offenses, the 7 2 surcharge shall be based upon the total number of offenses. 7 3 When a fine or forfeiture is suspended in whole or in part, 7 4 the surcharge shall not be reduced. 7 5 The surcharge is subject to the provisions of chapter 909 7 6 governing the payment and collection of fines, as provided in 7 7 section 909.8. 7 8 Sec. 19. NEW SECTION. 911A.3 DISPOSITION OF SURCHARGE. 7 9 When a court assesses a surcharge under section 911A.2, 7 10 notwithstanding any other provision of the Code to the 7 11 contrary, proceeds from the surcharge shall be appropriated 7 12 and distributed as follows: 7 13 1. If the surcharge is assessed for a scheduled violation 7 14 under section 805.8 and the citation was issued by a peace 7 15 officer employed by the state, one dollar of the surcharge 7 16 shall be transferred to the clerk of the district court for 7 17 the county in which the violation occurred to defray the costs 7 18 associated with collecting the surcharge and nine dollars of 7 19 the surcharge shall be transferred to the general fund of the 7 20 state. 7 21 2. If the surcharge is assessed for a scheduled violation 7 22 under section 805.8 and the citation was issued by a peace 7 23 officer employed by a political subdivision, the surcharge 7 24 shall be disposed of as follows: 7 25 a. Nine dollars of the surcharge shall be transferred to 7 26 the treasurer of the county in which the citation was issued 7 27 to be deposited in the general fund of the county and used 7 28 only for the expansion of the capacity of the county jail or 7 29 the maintenance of county jail facilities. 7 30 b. One dollar of the surcharge shall be transferred to the 7 31 clerk of the district court for the county in which the 7 32 violation occurred to defray the costs associated with 7 33 collecting the surcharge. 7 34 3. If the surcharge is assessed for a violation other than 7 35 a scheduled violation, the surcharge shall be disposed of as 8 1 follows: 8 2 a. If the violation is other than a violation of a city 8 3 ordinance, nine dollars of the surcharge shall be transferred 8 4 to the treasurer of the county in which the violation occurred 8 5 to be deposited in the general fund of the county and used 8 6 only for the expansion of the capacity of the county jail or 8 7 the maintenance of county jail facilities. 8 8 b. If the surcharge is assessed for a violation of a city 8 9 ordinance, nine dollars of the surcharge shall be transferred 8 10 to the city, but only if the city operates a jail or temporary 8 11 holding facility, for use only for construction and 8 12 maintenance of a city jail or temporary holding facility. If 8 13 the city does not operate a jail or temporary holding 8 14 facility, nine dollars of the surcharge shall be transferred 8 15 to the treasurer of the county in which the citation was 8 16 issued to be deposited in the general fund of the county and 8 17 used only for the expansion of the capacity of the county jail 8 18 or the maintenance of county jail facilities. 8 19 c. One dollar of the surcharge shall be transferred to the 8 20 clerk of the district court for the county in which the 8 21 violation occurred to defray the costs associated with 8 22 collecting the surcharge. 8 23 EXPLANATION 8 24 Sections 1 through 3 provide an additional $200 civil 8 25 penalty for violations of certain motor vehicle license 8 26 revocations with $100 of the penalty going to the victim 8 27 compensation fund. 8 28 This bill provides for the assessment of a $10 surcharge on 8 29 fines and forfeitures imposed for the violation of state law 8 30 or city or county ordinance. If the surcharge is imposed for 8 31 a scheduled violation, and the citation is issued by a peace 8 32 officer employed by the state, $9 of the surcharge shall be 8 33 allocated to the general fund of the state and $1 of the 8 34 surcharge shall go to the clerk of the district court of the 8 35 county to defray costs associated with collecting the 9 1 surcharge. If the citation is issued by a peace officer from 9 2 a political subdivision or for nonscheduled violations, $1 of 9 3 the surcharge would be allocated to the clerk of the district 9 4 court of the county to defray costs associated with the 9 5 surcharge and the remaining $9 of the surcharge would be 9 6 transferred to the county in which the citation was issued for 9 7 use in financing the expansion of county jail facilities or 9 8 the maintenance of existing jail facilities. 9 9 If the citation is issued for a violation of a city 9 10 ordinance, and the city operates a city jail or temporary 9 11 holding facility, $9 of the surcharge shall go to the city for 9 12 construction and maintenance of the city facility. If the 9 13 city does not operate a jail or temporary holding facility, 9 14 the $9 goes to the county for jail purposes. The remaining $1 9 15 shall go to the clerk of the district court to defray costs 9 16 associated with the surcharge. The bill also provides that 9 17 the prison and jail surcharge is not considered part of a 9 18 penalty imposed by a city or county. 9 19 The bill also establishes a county security fee to be 9 20 imposed as a court cost in civil and criminal cases. The fee 9 21 is then deposited into a county security fund to be 9 22 administered by the county sheriff for security-related 9 23 expenditures in the county. 9 24 LSB 3172SC 76 9 25 ec/jj/8
Text: SSB02058 Text: SSB02060 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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